CITY OF COZAD€¦ · COZAD, NEBRASKA SUBDIVISION ORDINANCE 2016 2 Section 1.04 Definitions For the purpose of these regulations, certain words used herein are defined as follows:

CITY OF COZAD DAWSON COUNTY, NEBRASKA

SUBDIVISION REGULATIONS

ADOPTED BY THE CITY OF COZAD, NEBRASKA

Prepared By

COZAD, NEBRASKA SUBDIVISION ORDINANCE 2014 i

TABLE OF CONTENTS

ARTICLE 1: TITLE, PURPOSE, AND DEFINITIONS ..................................................................................... 1

SECTION 1.01 NAME AND CITATION OF TITLES ............................................................................................... 1 SECTION 1.02 PURPOSE ............................................................................................................................... 1 SECTION 1.03 RULES .................................................................................................................................... 1 SECTION 1.04 DEFINITIONS ........................................................................................................................... 2

ARTICLE 2: GENERAL PROVISIONS ....................................................................................................... 6

SECTION 2.01 JURISDICTION ........................................................................................................................ 6 SECTION 2.02 POWERS ................................................................................................................................ 6 SECTION 2.03 APPLICABILITY ........................................................................................................................ 6 SECTION 2.04 EXEMPTIONS .......................................................................................................................... 6 SECTION 2.05 INTERPRETATION ..................................................................................................................... 6 SECTION 2.06 CONFLICT ............................................................................................................................. 6 SECTION 2.07 ZONING PERMITS ................................................................................................................... 6 SECTION 2.08 AMENDMENTS ....................................................................................................................... 6 SECTION 2.09 MODIFICATIONS .................................................................................................................... 7 SECTION 2.10 FEES ...................................................................................................................................... 7 SECTION 2.11 APPLICABLE TO ALL SUBDIVISION REQUESTS ............................................................................. 7

ARTICLE 3: PROCEDURES ..................................................................................................................... 9

SECTION 3.01 PROCEDURE FOR FILING PRE-APPLICATION PLANS AND DATA .................................................. 9 SECTION 3.02 PROCEDURE FOR APPROVAL OF PRELIMINARY PLAT ................................................................. 9 SECTION 3.03 PRELIMINARY PLAT SPECIFICATIONS ....................................................................................... 10 SECTION 3.04 PROCEDURE FOR APPROVAL OF FINAL PLAT .......................................................................... 11 SECTION 3.05 FINAL PLAT SPECIFICATIONS .................................................................................................. 11 SECTION 3.06 VACATION OF PLAT ............................................................................................................. 12 SECTION 3.07 REPLATS .............................................................................................................................. 12 SECTION 3.08 ADMINISTRATIVE PLATS ......................................................................................................... 13

ARTICLE 4: “GHOST” PLATTING AND BUILD-THROUGH ACREAGE REQUIREMENTS ........................... 14

SECTION 4.01 SCOPE OF REGULATIONS. ....................................................... ERROR! BOOKMARK NOT DEFINED. SECTION 4.02 PURPOSE. ............................................................................. ERROR! BOOKMARK NOT DEFINED. SECTION 4.03 APPLICABILITY ........................................................................ ERROR! BOOKMARK NOT DEFINED.

ARTICLE 5: DESIGN STANDARDS ........................................................................................................ 15

SECTION 5.01 GENERAL ............................................................................................................................ 15 SECTION 5.02 STREETS ............................................................................................................................... 15 SECTION 5.03 DEDICATION OF RIGHTS-OF-WAY FOR NEW STREETS .............................................................. 15 SECTION 5.04 DEDICATION OF RIGHTS-OF-WAY FOR EXISTING STREETS ......................................................... 15 SECTION 5.05 FRONTAGE ROADS .............................................................................................................. 15 SECTION 5.06 INTERSECTIONS ..................................................................................................................... 16 SECTION 5.07 CURVES IN STREETS; HORIZONTAL AND VERTICAL ................................................................... 16 SECTION 5.08 STREET GRADES AND ELEVATIONS ......................................................................................... 16 SECTION 5.09 ACCESS CONTROL .............................................................................................................. 16 SECTION 5.10 STREET JOGS........................................................................................................................ 16 SECTION 5.11 CUL-DE-SAC STREETS............................................................................................................ 16 SECTION 5.12 STREET NAMES ..................................................................................................................... 16 SECTION 5.13 PRIVATE STREETS AND RESERVE STRIPS .................................................................................... 17 SECTION 5.14 ALLEYS ................................................................................................................................ 17 SECTION 5.15 WATER LINES AND HYDRANTS ............................................................................................... 17 SECTION 5.16 WATER MAINS AND SEWER MAINS ........................................................................................ 17 SECTION 5.17 SIDEWALKS .......................................................................................................................... 17 SECTION 5.18 BLOCKS............................................................................................................................... 17 SECTION 5.19 LOTS ................................................................................................................................... 17

COZAD, NEBRASKA SUBDIVISION ORDINANCE 2014 ii

SECTION 5.20 THROUGH LOTS .................................................................................................................... 17 SECTION 5.21 EASEMENTS .......................................................................................................................... 17 SECTION 5.22 STORM SEWER SYSTEM .......................................................................................................... 18 SECTION 5.23 FLOOD HAZARDS ................................................................................................................. 18 SECTION 5.24 CONFORMANCE WITH OTHER REGULATIONS ......................................................................... 18 SECTION 5.25 SCHEDULE A: MINIMUM STREET STANDARDS .......................................................................... 18

ARTICLE 6: REQUIRED IMPROVEMENTS .............................................................................................. 19

SECTION 6.01 GENERAL ............................................................................................................................ 19 SECTION 6.02 MONUMENTS AND MARKERS ................................................................................................ 19 SECTION 6.03 STREET GRADING, CONSTRUCTION AND SURFACE TYPE.......................................................... 19 SECTION 6.04 STREET SIGNS, LIGHTING AND ELECTRICAL POWER ................................................................. 20 SECTION 6.05 LANDSCAPE SCREENS .......................................................................................................... 20 SECTION 6.06 DRAINAGE .......................................................................................................................... 20 SECTION 6.07 SANITARY SEWERS. ............................................................................................................... 21 SECTION 6.08 WATER MAINS. .................................................................................................................... 22 SECTION 6.09 COST OF OVER-SIZE IMPROVEMENTS. .................................................................................... 22 SECTION 6.10 EXTENSION TO BOUNDARIES. ................................................................................................. 22 SECTION 6.11 OFF-SITE EXTENSIONS. .......................................................................................................... 23 SECTION 6.12 LAND PREPARATION............................................................................................................. 23

ARTICLE 7: DEDICATIONS AND RESERVATIONS ON PUBLIC LAND .................................................... 24

SECTION 7.01 DEDICATION ........................................................................................................................ 24

ARTICLE 8: WAIVERS AND ANNEXATIONS ......................................................................................... 25

SECTION 8.01 GRANTING OF WAIVERS (EXCEPTIONS) AND CONDITIONS ..................................................... 25 SECTION 8.02 SUBDIVISION; ANNEXATION OF ADJOINING OR CONTIGUOUS PROPERTIES .............................. 25 SECTION 8.03 AMENDMENTS ..................................................................................................................... 25

ARTICLE 9: ADMINSTRATION AND ENFORCEMENT ............................................................................ 26

SECTION 9.01 GENERAL ............................................................................................................................ 26 SECTION 9.02 AMENDMENTS ..................................................................................................................... 26 SECTION 9.03 VIOLATION AND PENALTIES ................................................................................................... 26

ARTICLE10: CERTIFICATION AND DEDICATION STATEMENTS ............................................................ 27

SECTION 10.01 NOTARY PUBLIC ACKNOWLEDGMENT ................................................................................... 27 SECTION 10.02 SURVEYOR’S CERTIFICATION ................................................................................................. 27 SECTION 10.03 APPROVAL OF COZAD PLANNING COMMISSION .................................................................. 27 SECTION 10.04 ACCEPTANCE BY COZAD CITY COUNCIL .............................................................................. 28 SECTION 10.05 ACCEPTANCE BY DAWSON COUNTY REGISTER OF DEEDS ...................................................... 28 SECTION 10.06 REVIEW OF DAWSON COUNTY SURVEYOR ............................................................................. 28 SECTION 10.07 DAWSON COUNTY TREASURER’S CERTIFICATIONS .................................................................. 28 SECTION 10.08 ADMINISTRATIVE PLAT APPROVAL ......................................................................................... 29 SECTION 10.09 OWNERS CERTIFICATION ...................................................................................................... 29

ARTICLE 11: LEGAL STATUS PROVISIONS ............................................................................................ 30

SECTION 11.01 SEPARABILITY ....................................................................................................................... 30 SECTION 11.02 PURPOSE OF CATCH HEADS ................................................................................................. 30 SECTION 11.03 REPEAL OF CONFLICTING ORDINANCES ................................................................................ 30 SECTION 11.04 EFFECTIVE DATE ................................................................................................................... 30

COZAD, NEBRASKA SUBDIVISION ORDINANCE 2016 1

ARTICLE 1: TITLE, PURPOSE, AND DEFINITIONS

Section 1.01 Name and Citation of Titles

These regulations shall be known, referred to and cited as "The Subdivision Regulations of Cozad, Nebraska.”

Section 1.02 Purpose

The purpose of these regulations is to provide for the orderly development of Cozad and its jurisdiction. This will

be done through prescribed rules and standards establishing functional arrangements of street layouts; open

spaces; and adequate community facilities and utilities. These Subdivision Regulations will coordinate

development with the City's transportation, land use and capital facilities plans, and will provide conditions

favorable for the health, safety and convenience of the community, in accordance with applicable State

Statutes.

Section 1.03 Rules

For the purpose of this ordinance the following rules shall apply:

Words and numbers used singularly shall include the plural. Words and numbers used in the plural shall include

the singular. Words used in the present tense shall include the future.

The word “persons” includes a corporation, members of a partnership or other business organization, a

committee, Board, commission, trustee, receiver, agent or other representative.

The word “shall” is mandatory, the word “may” is permissive.

The words “use,” “used,” “occupy,” or “occupied” as applied to any land or building shall be construed to

include the words “intended,” “arranged,” or “designed” to be used or occupied.

The word “Commission” shall refer to the Planning Commission of the City of Cozad, Nebraska.

Undefined words or terms not herein defined shall have their ordinary meaning in relation to the context.

Each gender shall include the other.


Section 1.04 Definitions

For the purpose of these regulations, certain words used herein are defined as follows:

ALLEY shall mean a public or private thoroughfare which affords only a secondary means of access to property

abutting thereon.

APPLICANT shall mean the owner or duly designated representative of land proposed to be subdivided, or for

which a special use permit, conditional use permit, temporary use permit, zoning amendment, variance, appeal,

building permit, or certificate of occupancy and other similar administrative permits has been requested.

Consent shall be required from the legal owner or his legal representative in writing except for building permits.

BLOCK shall mean a parcel of land platted into lots and bounded by public streets or by waterways, right-of-

ways, non-platted land, City or County boundaries, or adjoining property lines.

BOND shall mean any form of security including a cash deposit, security bond, collateral, property, or instrument

of credit in an amount and form satisfactory to the City Council which meets the intent of such security required

by this Ordinance.

BOUNDARY ADJUSTMENT shall mean the transfer of property by deed to a respective owner or owners of

contiguous property for the purpose of adjusting a boundary line and not for the purpose of creating an

additional lot or parcel.

BUILDING SETBACK LINE shall mean the required zoning distance between a building and the lot line.

CITY mean the City of Cozad, Nebraska. Also, “City Council” or “Governing Body.”

CITY COUNCIL shall mean the Cozad City Council.

CITY ENGINEER shall mean the City Engineer as hired or appointed by the Mayor and City Council or his/her

authorized deputy, agent or representative.

CLERK shall mean the City Clerk of the City of Cozad, Nebraska.

COMPREHENSIVE DEVELOPMENT PLAN shall mean the Comprehensive Development Plan of Cozad, Nebraska as

adopted by the City Council, setting forth policies for the present and foreseeable future community welfare as

a whole and meeting the purposes and requirements set forth in the Neb. Rev. Stat. §19-903 (R.R.S.1997).

CONDITIONAL APPROVAL shall mean approval of a subdivision which requires the subdivider to take certain

specified action in order to secure approval of the subdivision. The Resolution approving a subdivision shall

specify the condition to be met and the time by which the condition is to be met.

CUL-DE-SAC shall mean a short public way with one end open to traffic and the other end terminated by a

vehicular turn-around.

DEAD END STREET shall mean a public way which has only one outlet for vehicular traffic and does not terminate

in a vehicular turn-around.

DEDICATION shall mean the intentional appropriation of land by the owner to some public use.

DESIGN shall mean the location of streets, alignment of streets, grades and widths of streets, alignment of

easements, grades and widths of easements, alignment and rights-of-way for drainage and sanitary sewers,

topographical changes and the designation of minimum lot area, width and length.

DEVELOPER See "Subdivider".

EASEMENT shall mean a grant, made by a property owner, to the use of his or her land by the public, a

corporation, or persons, for specific purposes, such as access to another property or the construction of utilities,

drainage ways or roadways.


FLOOD shall mean a general and temporary condition of partial or complete inundation of normally dry land

areas from: (1) The overflow of inland or tidal waters, or (2) The unusual and rapid accumulation of runoff of

surface waters from any sources.

FLOOD PLAIN shall mean any land designated by the Nebraska Natural Resources Commission, or the Federal

Emergency Management Agency that is susceptible to being inundated by water from any source.

FLOODWAY shall mean the channel of a watercourse and the adjacent land areas that must be reserved in order

to discharge the base flood without cumulatively increasing the water surface elevation more than a designated

height.

FRONTAGE ROAD shall mean minor streets parallel to and adjacent to arterial streets and highways, which reduce

the number of access points to the arterial street or highway for the purpose of increased traffic safety.

IMPROVEMENTS shall mean street grading, street surfacing and paving, curbs and gutters, street lights, street

signs, sidewalks, crosswalks, water mains and lines, water meters, fire hydrants, sanitary sewers, storm drainage

facilities, culverts, bridges, public utilities, or other such installation as designated by the City Council or its specific

approving authority.

LOT shall mean a parcel or tract of land which is or may be occupied by a use herein permitted, together with

yards, and other open spaces herein required, that has frontage upon an improved street, and is a part of a

recorded subdivision plat or has been recorded prior to the adoption of the Regulation, or a parcel of real

property delineated on an approved record of survey, lot-split or sub-parceling map as filed in the office of the

Dawson County Register of Deeds and abutting at least one improved public street or right-of-way, two

thoroughfare easements, or one improved private road.

LOT, CORNER shall mean a lot located at the intersection of two or more streets at an angle of not more than 135

degrees. If the angle is greater than 135 degrees, the lot shall be considered an "Interior Lot". The setbacks for a

front yard shall be met on all abutting streets.

LOT, DOUBLE FRONTAGE, or THROUGH shall mean a lot having a frontage on two non-intersecting streets as

distinguished from a corner lot.

LOT, FLAG shall mean an interior lot, the majority of which has frontage and access provided by means of a

narrow corridor.

LOT, INTERIOR shall mean a lot other than a corner lot.


LOT CONSOLIDATION shall mean a method for approval of lot boundary adjustments which reduces the number

of lots to not greater than two.

LOT DEPTH shall mean the horizontal distance between the front and rear lot lines measured in the mean direction

of the side lot lines.

LOT FRONTAGE shall mean the side of a lot abutting on a legally accessible street right-of-way other than an alley

or an improved county road. For the purposes of this definition, on corner lots, all sides of a lot adjacent to streets

or roads shall be considered frontage.

LOT LINE shall mean the property line bounding a lot.

LOT, MINIMUM AREA shall mean the minimum square footage of land area occupied, or to be occupied by a

single principal building and accessory buildings as applicable to designated zoning districts.

LOT, NONCONFORMING shall mean a lot having less area or dimension than that required in the district in which

it is located and which was lawfully created prior to the zoning thereof whereby the larger area or dimension

requirements were established, or any lot, other than one shown on a plat recorded in the office of the Dawson

County Register of Deeds, which does not abut a public road or public road right-of-way and which was lawfully

created prior to the effective date of this Regulation.

LOT, PLATTED shall mean a lot which is part of a subdivision of the plat of which, or the appropriate permit for

which, has been legally approved by the City and recorded in the office of the Register of Deeds for Dawson

County.

LOT COMBINATION shall mean a method for approval of lot boundary adjustments or lot reductions, which

reduces the number of lots to not greater than two.

LOT OF RECORD shall mean the average horizontal distance between the side lot line, measured at right angles

to the lot depth at a point midway between the front and rear lot lines.

LOT SPLIT shall mean a subdivision of land involving the division of one lot into two lots.

LOT WIDTH shall mean the minimum street frontage measured along the front street property line except when a

lot fronts on the inside or concave side of a horizontal curvilinear alignment of a street or on a corner lot; in which

case, the minimum lot width shall be measured along the front building line of the principal use structure

extended to both lot property lines.

MONUMENT shall mean an identification marker established by certified land survey and set by a registered land

surveyor at each section corner, angle point, block corner, street centerline, or other point.

OPEN SPACE shall mean a parcel or parcels of land, together with the improvements thereon, primarily set aside

for recreational use and enjoyment, exclusive of land areas used for streets, alleys, roads, driveways, parking

areas, structures, and buildings.

PEDESTRIAN WAY shall mean a right-of-way or easement dedicated to public use, which cuts across a block to

facilitate pedestrian access to adjacent streets and properties.

PLANNING COMMISSION shall mean the Planning Commission of Cozad, Nebraska.

PLAT shall mean a map showing the location, boundaries, and legal description of individual properties.

PLAT, FINAL shall mean the Final Plat of the plat, subdivision or dedication of land prepared for filing or recording

in conformance with these regulations.

PLAT, PRELIMINARY shall mean the preliminary plan of the plat, subdivision or dedication prepared in accordance

with the requirements of these regulations.


PLAT OF RECORD shall mean a map prepared in accordance with the provisions of these regulations and any

other applicable local regulations to be placed on record in the office of the Register of Deeds of Dawson

County.

REPLAT shall mean the further subdivision of a lot or parcel of land previously subdivided, whether the re-

subdivision results in more lots or fewer lots.

STREET shall mean a public thoroughfare or right-of-way dedicated, deeded, or condemned for use as such,

other than an alley, which affords the principal means of access to abutting property including avenue, place,

way, drive, lane, boulevard, highway, road and any other thoroughfare except as excluded in this Regulation.

STREET, ARTERIAL shall mean a street designed with the primary function of efficient movement of through traffic

between and around areas of a City or county with controlled access to abutting property.

STREET, COLLECTOR shall mean a street or highway, which is intended to carry traffic from minor streets to major

streets. Collector streets are usually the principal entrance streets to residential developments and the streets for

circulation within the development.\

STREET, CURVILINEAR shall mean local streets that deviate from straight alignment and change direction without

sharp corners or bends.

STREET, LOCAL shall mean a street designed for local traffic that provides direct access to abutting residential,

commercial, or industrial properties.

STREET, LOOPED shall mean a continuous local street without intersecting streets and having its two outlets

connected to the same street.

STREET, MAJOR shall mean a street or highway used primarily for fast or high volume traffic, including expressways,

freeways, boulevards, and arterial streets.

STREET, PRIVATE shall mean an open, unoccupied space, other than a street or alley dedicated to the public, but

permanently established as the principal means of vehicular access to abutting properties. The term "private

street" includes the term "place".

SUBDIVIDER shall mean any person, group, corporation, partnership, or other entity, or any agency thereof,

dividing or proposing to divide land so as to constitute a subdivision.

SUBDIVISION shall mean the division of a lot, tract, or parcel of land into two or more lots, sites, or other divisions

of land for the purpose, of transfer of ownership or building development, whether immediate or future, provided

that the smallest lot created by the division is 10 acres or less in size.

SUBDIVISION AGREEMENT shall mean an agreement between a subdivider and the City that clearly establishes

the subdivider’s responsibility regarding project phasing, the provision of public and private facilities and

improvements, and any other mutually agreed to terms and requirements.

TURNAROUND shall mean a space on private property that permits the turning around of any passenger vehicle

without the necessity of using any public right-of-way to turn around.

WAIVER shall mean permission to depart from the requirements of an ordinance with respect to the submission of

required documents.

ZONING DISTRICT shall mean an area delineated on a zoning map for which uniform use regulations are specified.

ZONING ORDINANCE shall mean the Zoning Ordinance of the City of Cozad, as amended from time to time.

ZONING PERMIT shall mean any permit required by the City and issued by the Zoning Administrator, to be

obtained by any person engaged in any activity governed by the regulations set forth in this Ordinance.


ARTICLE 2: GENERAL PROVISIONS

Section 2.01 Jurisdiction

The provisions of these regulations shall apply to all land located within the legal boundaries of the City of Cozad,

as the same may be amended by subsequent annexation, and shall also include all land lying within one mile of

the corporate limits of the City, and not located in any other municipality.

Section 2.02 Powers

No plat of a subdivision of land lying within the jurisdiction of the City shall be filed or recorded until it shall have

been submitted to and a report and recommendation thereon made by the Planning Commission to the City

Council and the City Council has approved the Final Plat.

It shall be unlawful for the owner, agent, or person having control of any land within the corporate limits of the

City, or within the area shown on the Official Zoning Map, to subdivide land except in accordance with Neb.

Rev. Stat. §19-916 (R.R.S.1997) and the provisions of that title; provided, however, that any subdivision of land

caused by the acquisition of land by the federal government, the state of Nebraska, any County, the City, or

any Village incorporated or unincorporated, within the jurisdiction of the City, shall be deemed to have received

approval pursuant to Neb. Rev. Stat. §19-916 (R.R.S.1997).

Section 2.03 Applicability

Any plat, hereafter made, for each subdivision or each part thereof lying within the jurisdiction of this ordinance,

shall be prepared, presented for approval, and recorded as herein prescribed. The regulations contained herein

shall apply to the subdivision of a lot, tract, or parcel of land into two or more lots, tracts, or other division of land

for the purpose of sale or development, whether immediate or future, including the subdivision or replatting of

land or lots, except that the division of land when the smallest parcel created is more than 10 acres in area shall

be exempt from these regulations. Further, the regulations set forth by this ordinance shall be minimum

regulations, which shall apply uniformly throughout the jurisdiction of this ordinance except as hereinafter

provided.

Section 2.04 Exemptions

These regulations shall not apply in the following instances: 1) The division of land for agricultural purposes into

parcels or tracts of more than ten acres, 2) A change in the boundary between adjoining lands which does not

create an additional or substandard lot but only after review and approval by the governing body, 3) Land used

for street or railroad right-of-way, a drainage easement or other public utilities subject to local, state or federal

regulations, where no new street or easement of access is involved, and 4) Any transfer by operation of law.

Section 2.05 Interpretation

In interpreting and applying these regulations, they shall be held to be minimum requirements for the promotion

of the public health, convenience, comfort, morals, prosperity and general welfare.

Section 2.06 Conflict

No Final Plat of land shall be approved unless it conforms to the Subdivision Regulations contained herein.

Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained

in the Zoning Regulations, Building Regulations, or other official regulations or ordinances, the most restrictive shall

apply.

Section 2.07 Zoning Permits

Unless a tract shall have been platted in accordance with the provisions of this Article, no zoning permit shall be

issued.

Section 2.08 Amendments

Any provisions of these regulations may from time to time be amended, supplemented, changed, modified, or

repealed by the governing body; provided, however, that such amendments shall not become effective until

after a study by the Planning Commission; and a public hearing in relation thereto has been held, public notice

of which shall have been published in a newspaper of general circulation at least one time, 10 days prior to such

hearing.


Section 2.09 Modifications

Where in the case of a particular proposed subdivision, it can be shown that strict compliance with the

requirements of this regulation would result in extraordinary hardship to the subdivider because of unusual

topography, or other such non-self-inflicted conditions, or that these conditions would result in inhibiting the

achievement of the objectives of these regulations, the City Council, after report from the Planning Commission,

may vary, modify, or waive the requirements so that substantial justice may be done and the public interest

secured; provided, however, that: such, modifications or waiver will not adversely affect the development, the

character of which shall be in conformance with recommended platting and development practices in the

general area of the proposed subdivision; will not have the effect of nullifying the intent and purpose of the

regulations; and, will not interfere with carrying out the Comprehensive Development Plan of the Planning Area

of the City. The standards and requirements of these regulations may be modified by the Governing Body after

report by the Planning Commission in the case of a planned development or a redevelopment project involving

the re-subdividing and rebuilding of blighted or slum areas; provided, however, that the placement of structures

within the area is shown on the development plan and becomes a part of the recorded plat.

Section 2.10 Fees

All fees regarding the subdivision procedure shall be set by a separate ordinance or resolution. The developer

shall be responsible for all review and inspection fees regarding a subdivision.

Section 2.11 Applicable to all Subdivision Requests

2.11.01 General. The provision of this Article shall apply to all subdivision requests regardless of the procedure

used to secure approval, unless otherwise specifically noted.

2.11.02 Zoning and Occupancy Permits. No official of the City shall issue either a zoning permit or occupancy

permit on any property which does not comply with the zoning and subdivision regulations of the City of

Cozad. The issuance of any zoning permit or occupancy permit does not relieve the owner thereof from

compliance with all of the terms and conditions of the Subdivision Regulations, including improvements

and subdivision design. It is the duty and obligation of the owner of the property to ensure compliance

with the Ordinances of the City.

2.11.03 Improvements Warranty and Guarantee. Upon approval of the subdivision, and prior to filing the

subdivision with the Register of Deeds, the subdivider shall provide a warranty to the City for all

workmanship and materials used for one year from the date of acceptance, and a guarantee for the

construction for all improvements required by this Ordinance.

2.11.04 Performance bond. Upon approval of the subdivision, and prior to filing the subdivision with the Register

of Deeds, the subdivider shall surrender to the City possession of a performance bond. Said bond shall

be in an amount adequate to cover 110 percent of the cost of the design, construction, and installation

of all improvements shown on the Final Plat, as established by the subdivider and accepted by the City

Council upon recommendation of the City Engineer. No officer of the City is authorized to sign any

document indicating approval of any subdivision application until the filing and acceptance of a

satisfactory performance bond. Said performance bond shall be either issued by a reputable insurance

company licensed to issue such bonds in the State of Nebraska, or a cash bond. Where a cash bond is

used, the subdivider or owner may present a Certificate of Deposit issued in the subdivider’s or owner’s

name and federal identification number for a term not to exceed six months, which shall be endorsed

payable to the City of Cozad, Nebraska and which shall be attached to a bond form.

2.11.05 Time for Construction of Improvements. Regardless of the subdivision procedure utilized, unless otherwise

specified in the document approving the subdivision, required improvements will be constructed as

follows:

1. Prior to the issuance of any zoning permit for any land within the subdivision, all streets, sanitary sewer

mains, water supply mains, natural gas mains, electricity and telephone trunk lines and cable

television trunk lines, street signs, permanent survey monuments, bench marks, and street lights shall

be installed and completed by the subdivider, operating and approved as provided in the Subdivision

Regulations.

2. Prior to the issuance of an occupancy permit for any structure within the subdivision, all sidewalks,

street trees, and storm drainage shall be installed and completed by the subdivider, operating and

approved as provided in the Subdivision Regulations, provided that if storm drainage on other


property is required in order to provide proper functioning of storm drainage on the property in

question, such additional storm drainage shall also be completed prior to the issuance of an

occupancy permit.

2.11.06 Title and Taxes. At the time of the filing of the application for a subdivision, the subdivider shall provide

evidence of title and evidence that all taxes and special assessments have been paid on the land which

is the subject of the subdivision application.

2.11.07 Approval Resolution. Passage of the Resolution approving any subdivision request requires a majority of

the City Council. The resolution of approval shall contain a statement of all improvements required and

the schedule by which improvements are to be completed if different in any way from the schedule set

forth in the Subdivision Regulations. The type of bond posted to secure design and construction of

required improvements shall also be identified.


ARTICLE 3: PROCEDURES

Section 3.01 Procedure for Filing Pre-application Plans and Data

3.01.01 Prior to the filing of an application for approval of a Preliminary Plat the subdivider shall submit to the

Planning Commission plans and data in sketch form showing ideas for the proposed subdivision of land.

The sketch plan shall include:

1 The proposed tentative layout of streets, lots and other features in relation to existing streets, utilities,

topography and other conditions.

2 A general location map showing the proposed subdivision and its relationship to existing abutting

subdivisions and community facilities in the area, such as streets, alleys, schools, parks, commercial areas

and other data supplementing the plans which outline or describe all of the proposed development as it

relates to existing conditions.

3.01.02 These pre-application plans and data shall not require a formal application fee. After discussion with the

subdivider and review of the data, the Planning Commission will inform the subdivider whether such plans

and data submitted meet the objectives of these regulations and shall describe any inconsistencies with

the requirements of this Ordinance. With the concurrence of the developer, a Public Hearing date will

be set for the consideration of the Preliminary Plat.

Section 3.02 Procedure for Approval of Preliminary Plat

Before any subdivider or agent contracts for the sale or offers to sell any subdivision of land or any part thereof,

which is wholly or partly within the City of Cozad or which is within a one-mile limit of the City of Cozad or which

is proposed to be annexed, the subdivider or his agent shall file a Preliminary Plat of said subdivision with the

Cozad Planning Commission. The Preliminary Plat shall be prepared in accordance with the regulations set forth

herein, and shall be submitted to the Planning Commission prior to the completion of final surveys of streets and

lots and before the start of grading or construction work upon the proposed streets and lots and before any map

of said subdivision is made in a form suitable for recording. The Planning Commission shall determine whether

the plat is in proper form and shall not receive and consider such plat as filed until it is submitted in accordance

with the requirements hereof. The street layout shall be in conformity with a plan for the most advantageous

development of the entire neighboring area and in conformity with the Comprehensive Development Plan.

All plats, preliminary and final, shall be prepared in conformance with the provisions of these regulations and in

conformance with the Comprehensive Development Plan and Zoning Ordinance. The subdivider shall be

responsible for such conformance.

A total of 20 Copies of the Preliminary Plat and required supplementary material as specified in Section 3.03 of

these regulations shall be submitted to the City Clerk at least 31 days prior to the meeting at which it is to be

considered. The Clerk shall distribute one copy of the Preliminary Plat with a request for comments to each of

the following: City Engineer, School Board, Fire District, Law Enforcement, Dawson County if the subdivision is

located outside the corporate limits, and to whomever else deemed necessary by the Planning Commission.

The Planning Commission will consider the Preliminary Plat at a public hearing, after proper notice, and will (1)

review the Preliminary Plat and other material submitted for conformity to these regulations and (2) review any

recommendations of the City Engineer, School Board, Fire Department, Police Department, Dawson County and

other Agencies and (3) recommend to the subdivider changes deemed advisable and the kind and extent of

improvements to be made by subdivider. The Planning Commission shall act on the plat as submitted. The

Planning Commission may (1) approve with no conditions and forward to the City Council, (2) conditionally

approve and state the conditions of such approval, or (3) disapprove and state the reasons for such disapproval.

The action of the Planning Commission shall be noted on or attached to two copies of the Preliminary Plat. One

(1) copy shall be returned to the subdivider and the other retained by the Planning Commission.

Upon a Planning Commission recommendation of approval or disapproval, the clerk shall set a date and time

for a public hearing before the City Council along with proper notice thereof. The notice must be published at

least 10 days prior to the hearing in a paper of general circulation in the City of Cozad. The City Council shall act

on the Preliminary Plat as submitted, and may (1) concur with the Planning Commission's recommendation; (2)

reverse the Planning Commission's recommendation; or (3) refer the Preliminary Plat back to the Planning

Commission for reconsideration with specific instructions.


Procedure for approval of Preliminary Plats of land within one mile of the corporate limits shall be the same,

except that one copy of the Preliminary Plat shall be referred to Dawson County with a request for their

recommendations to be submitted to the Planning Commission. The Planning Commission shall not take final

action on the Plat prior to receiving recommendations from Dawson County. If no recommendation is received

within 30 days, the Preliminary Plat shall be deemed approved by Dawson County.

Conditional approval of a Preliminary Plat shall not constitute an acceptance of the plat, but shall be deemed

an expression of approval of the layout submitted on the Preliminary Plat, as modified by any required conditions.

Approval of a Preliminary Plat shall not constitute approval of the Final Plat. Rather, the Preliminary Plat shall be

deemed an expression of approval of the general design concept and serves as an acceptable guide for the

preparation of the Final Plat. Approval of the Preliminary Plat shall become void after 12 months from the date

of such approval.

Section 3.03 Preliminary Plat Specifications

The Preliminary Plat shall be drawn to a scale of one inch to 100 feet; shall be plainly marked “Preliminary Plat”

and shall include, show, or be accompanied by the following information:

1. A location map showing the general location of the proposed subdivision in relation to surrounding

developments with a north arrow, scale and legend.

2. The proposed name of the subdivision, designated as “__________ Addition to the City of Cozad, Nebraska”,

which must not be as similar to an existing subdivision as to cause confusion.

3. The names and addresses of the owner and subdivider, and any engineer, surveyor, or landscape architect

responsible for the Preliminary Plat.

4. The legal description of the area being platted, boundary lines and dimensions, the location of monuments

found or set, section lines, and the approximate acreage of the proposed development.

5. The width and location of platted streets and alleys within or adjacent to the property.

6. The physical features of the property, including location of water courses, ravines, bridges, culverts, present

structures and other features affecting the subdivision; contours with intervals of five feet or less; the location

of all existing utilities with their sizes indicated, as well as flow lines; elevations of existing sanitary and storm

sewer, the outline of wooded areas (the location of important individual trees may be required), and any

floodway, floodplain, and flood fringe areas.

7. The proposed lot layout, lot and block numbers, and approximate lot dimensions and square footage and

grounds proposed to be dedicated for public use.

8. The location and width of proposed streets, easements, building setback lines, rights-of-way, pavement

widths and type, sidewalks, alleys, location of all proposed improvements including: sanitary sewers (including

proposed flow lines), water mains, storm water drainage and other features and improvements required by

these regulations.

9. The existing and proposed zoning classification and proposed uses of land within and adjacent to the

proposed subdivision.

10. The subdivider shall submit a complete list of the names and mailing addresses of all owners of record of all

land within 300 feet of the perimeter of the property being proposed for subdivision.

11. Names of adjacent subdivisions together with arrangement of streets and lots.

12. One draft copy of the Subdivision Agreement including any requests for waivers from the requirements of this

Ordinance.

13. The subdivider or subdivider’s representative shall be in attendance at the Planning Commission meeting

when Preliminary Plat is discussed.

14. Two copies of the following, prepared by a registered professional engineer, to be delivered to the City

Engineer for review:

a) A sanitary sewer plan.

b) A drainage plan, pursuant to Section 6.06.

c) A street profile plan with a statement of proposed street improvements.

d) A water distribution plan.

e) A traffic impact analysis.


Section 3.04 Procedure for Approval of Final Plat

The Final Plat shall conform to the Preliminary Plat as approved and may be comprised of only that portion of the

approved Preliminary Plat which the subdivider proposed to record and develop at the time. The Final Plat shall

be submitted to the Planning Commission for approval at least 31 days prior to the meeting at which it is to be

considered. One original and 20 copies of the original shall be prepared as specified in these regulations.

The Final Plat shall be submitted to the City Council for approval and adoption prior to the start of construction.

The City Council shall consider the Final Plat at their regular meeting, in a public hearing advertised by published

notice at least 10 days prior to the hearing in a paper of general circulation in the City of Cozad. Final approval

by the City Council shall be by Ordinance only after receiving the recommendation of the Planning Commission

together with a letter stating that the subdivider has complied with the requirements of this Ordinance. Upon

approval of the Final Plat, a certification of approval by the City Council shall be endorsed thereon by the City

Clerk, and the original shall be filed with the Dawson County Clerk, one copy shall be filed with the City Clerk.

Section 3.05 Final Plat Specifications

After approval of the Preliminary Plat by the Planning Commission, the subdivider shall prepare and submit to the

Planning Commission a Final Plat prepared by a registered land surveyor. The Final Plat, in conformance with the

approved Preliminary Plat, shall include:

1. The name of subdivision.

2. The date and a north arrow and graphic scale.

3. An accurate boundary survey of the property, with bearings and distances, referenced to section lines and/or

adjacent subdivisions. The boundary survey shall meet or exceed the "Minimum Standards For Surveys", as

established by the Professional Surveyors Association of Nebraska.

4. A legal description of the perimeter of the subdivision.

5. The location and names of adjacent subdivisions, streets, alleys and any easements.

6. Location and names or numbers of lots, streets, easements, public highways, alleys and other features, with

accurate bearings and distances. At a minimum all curves shall be identified with the following data; radius,

arc distance, chord distance and chord bearing. It is intended that enough information be shown, so the

subdivision can be reestablished on the ground.

7. Location and description of all permanent monuments set. At a minimum all monuments shall be made of

iron pipe or iron rod, or some other material capable of being detected by commonly used magnetic

locators. Monuments shall have a minimum diameter of five-eighths (5/8) inch and minimum length of 24

inches.

8. A notarized owner’s certification statement signed and acknowledged by all parties having any titled interest

in, or lien upon the land to be subdivided, consenting to the Final Plat, including the dedication of parts of

the land for streets, easements, and other purposes, pursuant to Article 5 of this document.

9. A notarized surveyor’s statement signed and acknowledged by a registered land surveyor, pursuant to

Sections 6.02 and 10.02.

10. A signature block for the Dawson County Treasurer stating there are no regular or special taxes due or

delinquent against the platted land, pursuant to Section 10.07.

11. A signature block for the approval of the Planning Commission, pursuant to Section 10.03.

12. A signature block for the approval of the City Council, to be signed by the Mayor and attested to by the City

Clerk, pursuant to Section 10.04.

13. A signature block for the Dawson County Register of Deeds, pursuant to Section 10.05.

14. A signature block for the Dawson County Surveyor, pursuant to Section 10.02.

15. A performance bond pursuant to Section 2.11.

16. One copy of any private restrictions or covenants affecting the subdivision or any part thereof, if applicable.

17. One copy of any construction plans and specifications.

18. Three original copies of the Subdivision Agreement with a signature block for the Mayor and attestation of

the City Clerk.

19. One electronic copy for incorporation into the official maps of the City of Cozad.

20. Two copies of the following, prepared by a registered professional engineer, to be delivered to the City

Engineer for review:

a) A sanitary sewer plan.

b) A drainage plan, pursuant to Section 6.06.

c) A street profile plan with a statement of proposed street improvements.

d) A water distribution plan.

e) A traffic impact analysis.


Section 3.06 Vacation of Plat

3.06.01 Applicability: An owner or owners of a plat may make application to the Planning Commission to vacate

any plat under the following conditions:

1. The Plat to be vacated is a duly recorded Final Plat or Replat.

2. The vacation of the subdivision will not interfere with development of, nor deny access via public

thoroughfare to, adjoining properties or utility services or other improvements.

3.06.02 Procedures: The owner or owners shall present a proposal to the Planning Commission, containing the

legal description of the subdivision and calling for vacation thereof. The Planning Commission shall study

the proposal and shall send recommendations to the City Council. The City Council shall approve or

deny the proposal. If the proposal is approved (approved by ordinance), it shall then be recorded in the

office of the Dawson County Register of Deeds. The subdivider shall pay all fees for the recording of such

vacation. If the proposal is disapproved, the City Council shall state which of the reasons stated in Section

3.06.01 require such disapproval. The applicant shall be allowed to submit a new application upon a

showing that the reason or reasons for disapproval have been corrected.

Section 3.07 Replats

3.07.01 Whenever a Replat of an existing subdivision results in 10 or fewer lots, the Planning Commission may

waive the separate submission requirements for the Preliminary and Final Plats to expedite the

subdivision review process if, in the judgment of the Planning Commission, separate submission will not

serve the public interest and will not conflict with the intent of these regulations. Concurrent Plats shall:

1. Be discussed with the Planning Commission at a scheduled pre-application Conference pursuant

to Section 3.01.

2. Be submitted to the City Clerk at least 31 days prior to the next regular meeting of the Planning

Commission at which request is to be heard.

3. Be accompanied by the applications fees and completed application forms as required.

4. Follow the procedure set forth for herein and contain the required Preliminary and Final Plat

information.

5. Include a drainage plan showing how run-off generated by the proposed development impacts

drainage on downstream drainage systems.

3.07.02 Disapproval of Replats shall be based on the following guidelines:

1. A new street or alley is needed or proposed.

2. Vacations of streets, alleys, setback lines, access control or easements are required or proposed.

3. Such action will result in significant increases in service requirements, e.g., utilities, schools, traffic

control, streets, etc.: or will interfere with maintaining existing service levels, e.g., additional curb

cuts, repaving, etc.

4. There is less street right-of-way than required by this Ordinance or the Comprehensive Development

Plan unless such dedication can be made by separate instrument.

5. All easement requirements have not been satisfied.

6. Such action taken during a replat will result in a tract without direct access to a street.

7. A substandard-sized lot or parcel will be created.

3.07.03 Changes required by the Planning Commission, during the Planning Commission’s public hearing, shall

be made prior to submission to the City Council. Replats shall be submitted to the City Clerk prior to the

start of construction and at least 15 days prior to the next regular meeting of the City Council. The City

Council shall review and act on the Replat at a public hearing. Notice for such hearing shall be posted

at least 10 days prior to the hearing in a paper of general circulation in the City of Cozad. The City

Council shall, in writing, either approve the Replat with or without conditions, or disapprove the Replat

and state the reasons thereof.


Section 3.08 Administrative Plats

3.08.01 The intent of this section is to provide for lots splits, lot combinations, and boundary adjustments which

result in lots divided or combined into not more than two tracts without having to re-plat said lot,

provided that the resulting lots shall not again be divided without re-platting. The Zoning Administrator

shall review the administrative plat application and make a final determination. The Zoning

Administrator may approve or disapprove administrative plats in accordance with the following

regulations.

3.08.02 Requests for an Administrative Plat approval shall be made by the owner or a designated

representative of the land to the Zoning Administrator. Two copies on paper of the Administrative Plat

shall include the following:

1. A survey of the lot(s).

2. Location and precise nature of any structures located thereon, if any.

3. Location and dimensions of the proposed administrative plat.

4. A notarized surveyor’s statement signed and acknowledged by a registered land surveyor, pursuant

to Sections 6.02 and 10.02.

5. A signature block for the Dawson County Register of Deeds, pursuant to Section 10.05.

6. A signature block for the Dawson County Surveyor, pursuant to Section 10.02.

7. A signature block for the Dawson County Treasurer stating there are no regular or special taxes due

or delinquent against the platted land, pursuant to Section 10.07.

8. A signature block for the approval and signature of the Zoning Administrator and the Mayor and

attested to by the City Clerk, pursuant to Section 10.08.

3.08.03 Disapproval of administrative plats shall be based on the following guidelines:

1. A new street or alley is needed or proposed.

2. Vacations of streets, alleys, setback lines, access control or easements are required or proposed.

3. Such action will result in significant increases in service requirements, e.g., utilities, schools, traffic

control, streets, etc.: or will interfere with maintaining existing service levels, e.g., additional curb

cuts, repaving, etc.

4. There is less street right-of-way than required by this Ordinance or the Comprehensive Development

Plan unless such dedication can be made by separate instrument.

5. All easement requirements have not been satisfied.

6. Such action taken during an administrative plat will result in a tract without direct access to a street.

7. A substandard-sized lot or parcel will be created.

8. The lot has been previously split in accordance with this Ordinance.

3.08.04 No Administrative Plats shall be approved unless all required public improvements have been installed,

no new dedication of public right-of-way or easements is involved, and such subdivision complies with

the ordinance requirements concerning minimum areas and dimensions of such lots.

3.08.05 Prior to the approval of the administrative plat, the subdivider shall provide a statement from the County

Treasurer's office showing there are no tax liens against said land within the proposed subdivision or any

part thereof. The subdivider shall also provide a statement from the City Treasurer's office showing that

all special assessment installment payments are current as applied to said proposed subdivision or any

part thereof. All taxes shall be paid in full on all real property dedicated to a public use.

3.08.06 The Zoning Administrator shall, in writing, either approve the Administrative Plat with or without

conditions, or disapprove the Administrative Plat and state the reasons thereof, within a reasonable

time of application.

3.08.07 The filing fee for Administrative Plats shall be set in accordance with Section 2.10.

3.08.08 After approval from the Zoning Administrator all copies must be certified by all applicable parties and

two copies filed with the City prior to the issuance of a zoning permit.


ARTICLE 4: RESERVED


ARTICLE 5: DESIGN STANDARDS

Section 5.01 General

No subdivision shall be approved unless it is in conformance with the requirements of these regulations and the

Comprehensive Development Plan.

In subdividing property, consideration shall be given to suitable sites for schools, parks, playgrounds, and other

common areas for public use so as to best conform to any recommendations of the Comprehensive

Development Plan. Any provisions for schools, parks, and playgrounds should be indicated on the Preliminary

Plat in order that it may be determined when and in what manner such areas will be provided or acquired by an

appropriate agency.

Land which the Planning Commission has found to be unsuitable for subdividing, due to flooding, poor drainage,

steep slopes, rock formation, or other features likely to be harmful to the safety, welfare or health of the future

residents, shall not be subdivided unless adequate methods for subdivision are formulated by the developer and

approved by the Planning Commission that would eliminate or substantially reduce such hazards.

The Planning Commission may require all contiguous land under common ownership to be submitted with the

Preliminary Plan in order to evaluate overall development patterns and conformity with the Comprehensive

Development Plan and issue proper extension of future roads and services.

Section 5.02 Streets

The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive

Development Plan and shall be considered in their relation to existing and planned streets, to topographical

conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of land to

be serviced by such streets. All streets shall meet applicable AASHTO standards and shall conform to the

minimum design standards set by the Nebraska Board of Public Roads Classification and Standards. See Schedule

A for Minimum Street Standards.

The street layout of the proposed subdivision shall provide for the continuation or appropriate projection of streets

and alleys already existing in areas adjacent to the area being subdivided. Where, at the determination of the

Planning Commission, it is desirable to provide street access to adjoining properties, proposed streets shall be

extended by dedication to the boundaries of the subdivision. Where the Planning Commission deems it

necessary, such dead-end streets shall be provided with a temporary turnaround having a right-of-way radius of

at least 50 feet and a paved radius of 30 feet, or other approved design.

Section 5.03 Dedication of Rights-of-Way for New Streets

The dedications of rights-of-way for new streets measured from lot line to lot line shall be shown on the plat and

shall meet the right-of-way requirements as stated in Schedule A of this Ordinance. The City shall approve access

to lots located on arterials.

Where a subdivision fronts on an arterial street, the Planning Commission shall, where possible, require frontage

roads. Where lots back up to an arterial street and such lots have access by means other than the arterial street,

a frontage road may not be required.

Section 5.04 Dedication of Rights-of-Way for Existing Streets

Subdivisions platted along existing streets shall dedicate additional right-of-way or easements if necessary to

meet the minimum street width requirements set forth in this Ordinance. The entire minimum right-of-way width

shall be dedicated where the subdivision is on both sides of an existing street. When the subdivision is located on

only one side of an existing street, one half of the required right-of-way width, measured from the centerline of

the existing roadway, shall be dedicated along with any proposed easements.

Section 5.05 Frontage Roads

Where a front or side yard abuts railroad, limited access freeway, or principal highway or arterial street rights-of-

way, a marginal access street or frontage road may be required parallel and adjacent to the boundary of such

rights-of-way when necessary for adequate protection of properties from the arterial street and to protect and

preserve the safety and traffic handling capabilities of the arterial street. The distance from said rights-of-way

shall be determined, with due consideration to minimum distance required for approach connections to future


grade-separated intersections. In the case of lots where the rear yard is adjacent to an arterial street and such

lots have access other than of off the arterial street frontage, a frontage road may not be required.

Section 5.06 Intersections

Streets shall intersect as nearly as possible at an angle of 90 degrees, and no intersection shall be constructed at

an angle of less than 60 degrees. Street curb intersections shall be rounded by radii of at least 20 feet. Larger

intersection radii may be required in industrial or commercial area or when directed by the City Engineer. When

the smallest angle of street intersection is less than 75 degrees, the Planning Commission may require curb radii

of greater length.

Access onto any street intersecting an arterial street shall be located no closer to the right-of-way of such arterial

street than 75 feet, or more at the discretion of the City Engineer.

Consideration shall be given to street and right-of-way widths such that minimum sidewalk requirements are

maintained.

Section 5.07 Curves in Streets; Horizontal and Vertical

A tangent of at least 100 feet in length shall be introduced between reversed curves on arterial and collector

streets.

Where there is a deflection angle of more than 10 degrees in the horizontal alignment of a street, a curve shall

be installed with a radius adequate to ensure safe sight distances. Maximum requirements shall conform to the

standards in Schedule A of this Ordinance.

Minimum sight distances shall meet applicable AASHTO standards and shall conform to the minimum design

standards set by the Nebraska Board of Public Roads Classifications and Standards.

Section 5.08 Street Grades and Elevations

All streets shall be designed so as to provide for the discharge of surface water from the pavement and from the

right-of-way by grading and drainage. The minimum street grade shall not be less than four tenths of one percent

(0.4%). Minimum grades for gutters and ditches shall be four tenths and five tenths of one percent (0.4% and

0.5%), respectively. The City may allow lesser slopes if approved by the City Engineer. Fill may be used in areas

subject to flooding in order to elevate streets and building pads provided such fill will not increase flood elevations

more than one foot. Street grades shall conform to the maximum requirements provided in Schedule A of this

Ordinance.

Section 5.09 Access Control

In the interest of public safety and for the preservation of the traffic-carrying capacity of the street system, the

Planning Commission and City Council shall have the right to restrict and regulate points of access to all property

from the public street system. Such restrictions shall be indicated on the Final Plat.

Section 5.10 Street Jogs

Street jogs with centerline offsets of less than 150 feet at intersections shall be prohibited.

Section 5.11 Cul-de-sac Streets

Cul-de-sacs shall not be longer than 500 feet and shall provide a turnaround having a radius at the outside of

the pavement of at least 50 feet and a radius at the right-of-way of at least 110 feet. Alternative designs for

temporary turnarounds may be approved by the City. Streets dead-ending or terminating in a temporary

turnaround shall not have a length greater than 500 feet or a radius at the right-of-way less than 60 feet. Cul-de-

sac and temporary turnarounds shall be measured from the center of the cul-de-sac or temporary turnaround

to the nearest right-of-way line of the intersecting street.

Section 5.12 Street Names

Proposed streets, which are in alignment with other existing streets, shall bear the name of such other existing

streets. The name of a proposed street which is not in alignment with an existing street shall not be named so

similarly to the name of any existing street as to cause confusion. To avoid duplication and confusion, the

proposed names of all streets shall be approved by the City Council prior to such names being assigned or used.


Section 5.13 Private Streets and Reserve Strips

New private streets may be created as part of a planned development district provided such streets are

specifically authorized by the Planning Commission and City Council as an exception to the terms of the

Ordinance. There shall be no reserve strips in a subdivision except where their control is definitely vested in the

municipality under conditions of approval by the Planning Commission as authorized in these regulations.

Section 5.14 Alleys

Alleys may be required in commercial, industrial, and residential areas. Dead-end alleys shall be avoided,

however, where a dead-end alley cannot be avoided, a dead-end alley shall be provided with adequate

turnaround capacity at the dead-end. Alleys should be avoided in residential areas except where an existing

alley of an adjoining subdivision would dead-end at the boundary of the proposed subdivision.

Section 5.15 Water Lines and Hydrants

All water mains within a subdivision shall be a minimum of six inches in diameter. All water mains and/or shall be

looped, unless a dead-end is approved by the City Engineer. Hydrant spacing shall not exceed 300 feet unless

approved by the City Engineer and Fire Chief.

Section 5.16 Water Mains and Sewer Mains

Except for good cause, all water mains and sewer mains shall be located within the street right-of-way, but not

under the pavement located thereon. Further, all manholes shall not be placed in the proposed driveways of

residential subdivisions.

Section 5.17 Sidewalks

All sidewalks within a subdivision shall have a minimum pavement width of four feet and shall be located one

foot into the street right-of-way adjacent to the residential lot line.

Section 5.18 Blocks

In determining the lengths, widths and shapes of blocks, consideration shall be given to the provision of adequate

access and circulation, the suitability of building sites to the needs of the use contemplated, and the zoning

requirements regarding minimum lot sizes, widths and frontages of the anticipated zoning district. Except in

unusual circumstances approved by the City, block lengths shall not exceed 600 feet. Pedestrian easements 10

feet wide shall be provided through or near the center of blocks more than 600 feet long in order to provide for

adequate pedestrian circulation.

Section 5.19 Lots

The size, width, depth, shape and orientation of lots shall conform to the regulations of the applicable zoning

district for the type of development and use contemplated. All lots shall be developed such that surface

drainage is diverted to lot lines and not across adjacent properties. Corner lots for residential uses shall be

designed with adequate width to permit appropriate building setback distances and orientation to both streets.

The subdividing of land shall be such as to provide each lot with satisfactory vehicular access from a public street

or an approved private street. Side lot lines shall be designed as close as possible to be perpendicular to street

right-of-way lines or radial to cul-de-sac center points.

Section 5.20 Through Lots

Through lots shall be avoided, except where essential to provide separation of residential development from

arterial streets or to overcome specific disadvantages of topography. Where such lots are used in relation to an

arterial street, a landscape screen easement of at least 10 feet in width shall be provided along the property line

of such lots abutting such arterial street. Within this easement, the subdivider shall install trees, shrubbery or fences

or a combination thereof to screen the residential development form the arterial street and dampen the noise

generated by traffic on the arterial street.

Section 5.21 Easements

Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall

be at least 16 feet in width. When located on a lot line, said easement shall be centered so that there is eight

feet of easement on each side of lot line. In those zoning districts that require five feet side yard setbacks, the

required easement shall be at least 10 feet in width, centered upon the lot line so that there is five feet of

easement on each side of the side property line.


Where a subdivision is traversed by a water course, there shall be provided a storm water drainage easement

substantially following the width of such water course. The width of the easement shall be adequate for

maintenance purposes, and shall be determined by the City Engineer as part of the Preliminary Plat.

Section 5.22 Storm Sewer System

Provisions shall be made to limit the peak rate of storm water discharge from the subdivision. Post development

runoff shall not exceed pre-development runoff by more than five percent, based upon a 10-year storm event

or as determined by the City engineer. Pre-development shall be the condition prior to improvements being

completed. In determining the size or type of the storm sewer system to be used, the design shall be sufficient to

handle all computed runoff from the proposed development. For large drainage areas, natural drainage ways

shall be maintained, and the City may require cross drainage structures such as culverts, bridges, etc.

Section 5.23 Flood Hazards

Land subject to flooding and land deemed to be topographically unsuitable for residential or other development

shall not be platted for such purposes. Such land may be set aside on the plat for such uses compatible with the

hazards associated with flooding or erosion. All development shall conform to the flood hazard zoning provisions

of the Zoning Ordinance.

Section 5.24 Conformance with Other Regulations

No Final Plat of land within the City or its jurisdictional area shall be approved unless it conforms with existing

zoning regulations. Whenever there is a conflict between the standards set forth in these regulations and those

contained in other regulations the highest standard shall govern.

Section 5.25 Schedule A: Minimum Street Standards

Street ClassificationsMinimum Right-of-

Way (ft.)

Minimum Pavement

Width (ft.) (5)

Minimum Number of

Traffic LanesMaximum Grade (%)

Minimum Centerline

Radius (ft.)

Major Arterial (1) 100 45 4 6 510

Other Arterial (2) 100 45 4 6 510

Collector (3) 80 39 2 8 200

Local (4) 60 25 2 10 100

Frontage 50 25 2 10 100

Cul-de-sac or Turnaround 110(6) 50 (6) 2 10 200

Alleys 20 20 2 - - (1) Major Arterial streets shall generally consist of extensions of the rural major arterials which provide continuous service through

municipalities for long-distance rural travel. They are the arterial streets used to transport products into and out of municipalities.

(2) Other Arterial streets shall consist of two categories: Municipal Extensions of Rural Other Arterials, and Arterial Movements Peculiar to a

Municipality's Own Complex, that is streets which interconnect major areas of activity within a municipality, such as shopping centers,

the central business district, manufacturing centers, and industrial parks.

(3) Collector streets shall consist of a group of streets which collect traffic from residential streets and move it to smaller commercial

centers or to higher arterial systems.

(4) Local streets shall consist of the balance of streets in each municipality, principally residential access service streets and local business

streets. They are characterized by very short trip lengths, mostly limited to vehicles desiring to go to or from an adjacent property.

(5) Pavement width measured from back of curb to back of curb.

(6) Minimum right-of-way radius for the cul-de-sac turnaround shall be 110 feet; the minimum pavement radius for the cul-de-sac

turnaround shall be 50 feet.


ARTICLE 6: REQUIRED IMPROVEMENTS


The subdivider shall design and construct improvements using standards not less than the standards outlined in

this Ordinance. The Planning Commission and City Council upon recommendation of the City Engineer shall

approve all such plans.

The work shall be done under the supervision and inspection of the City and shall be completed within the time

limitations established herein. The minimum requirements for materials shall be in accordance with specifications

approved by the City. Standards applicable to health and sanitation as required by the Nebraska Department

of Environmental Quality and the Nebraska Department of Health and Human Services shall be the minimum

standards required thereof.

All inspection costs and costs for required tests shall be paid by the subdivider.

Section 6.02 Monuments and Markers

6.02.01 Monuments and markers placement shall be located at all quarter section points or other reference

points tied to the federal land survey on the boundaries of or within the area being platted.

6.02.02 Monument Construction. Monument construction shall meet or exceed the "Minimum Standards for

Surveys," as the same may be amended from time to time, as adopted by the Professional Surveyors

Association of Nebraska in February 1989. These standards are as follows:

The surveyor shall establish or confirm the prior establishment of permanent monuments at each corner

on the boundary lines of the parcel being surveyed. Monuments shall be solid and substantially free

from movement. In such cases where the placement of a permanent monument at the true corner is

impractical because of instability or is likely to be destroyed, the surveyor shall set a corner accessory

monument and show its relationship by dimension to the true corner.

The monuments set shall be constructed of material capable of being detected by commonly used

magnetic locators. These monuments shall consist of an iron pipe or steel rod with a minimal diameter

of five-eighths (5/8) inch and minimal length of 24 inches. When extenuating circumstances dictate,

the surveyor may use monuments (i.e., nail and washer) that have a probability of permanence. Where

a corner or a line falls on or within a wall, column line or other physical feature and the placement of a

monument is not feasible, the wall, column line or physical feature shall become the monument by

reference thereto.

In addition, monuments shall be set at all block corners, lot corners, deflection points and points of

curvature, except in cases where it is deemed clearly unreasonable or infeasible by the City Council.

Section 6.03 Street Grading, Construction and Surface Type

6.03.01 All streets shall be graded to a minimum distance 15 feet from the back of the curb or edge of

pavement and to within six inches of the street grade established in the approved Final Plat construction

plans and specifications.

Design standards for the excavation and preparation of the road bed shall be approved by the City

Engineer. Where unusual soil conditions, extra-ordinary traffic volumes, or other abnormal

characteristics exist, the City Engineer may approve alternate design standards to address such

condition, if possible.

6.03.02 Concrete curbs and gutters shall be required for all streets within the boundaries of the subdivision unless

accepted by the Planning Commission and City Council in accordance with the terms of this

Ordinance.

6.03.03 All streets shall be poured-in-place using Portland cement concrete. Concrete shall be Class “47B-

3,625,” and shall conform to Division 600 of the Nebraska State Standard Specifications. Minimum

compressive strength shall be 3,625 psi in 28 days. To verify compressive strength of the concrete, a set

of three all concrete test cylinders shall be made according to ASTM C-31 and C-39. One set of


concrete cylinders shall be required for each day’s concrete placement or for each 100 cubic yards of

concrete placed if, more than 100 cubic yards are placed in one day. The concrete cylinders shall be

tested by an approved testing laboratory and results of the testing furnished to the City Engineer. Testing

shall be conducted at seven days and 28 days from the date of cylinder casting.

6.03.04 All materials used shall conform to Nebraska State Standard Specifications for Highway Construction,

Division 1000, and Material Details. Curing shall be accomplished with a continuous coating of white

pigmented curing compound conforming to the requirements of Section 1012 of the Nebraska State

Standard Specifications.

Section 6.04 Street Signs, Lighting and Electrical Power

6.04.01 At least one street sign shall be installed at each street intersection within or on the perimeter of the

subdivision and shall be located in the northeast corner thereof, whenever possible, and within the area

between the street and sidewalk at a point approximately six inches from said sidewalk or its intended

location.

6.04.02 The developer shall provide and install street lights at each entrance (street or sidewalk) into a subdivision

and at each street intersection within the subdivision and at such intermediate points as necessary, as

specified by the Public Power District and/or the City Engineer.

6.04.03 New subdivision lighting and electrical power shall be installed underground. The location of easements

for such wiring shall be indicated on the Preliminary and Final Plats. All underground wiring shall conform

to installation specifications required by the Nebraska State Electrical Code.

Section 6.05 Landscape Screens

Landscape screens as required by the City shall be installed at the subdivider's expense as a buffer for the

protection of residential properties along arterial and collector streets, state and federal highways, county roads,

railroad rights-of-way, and land uses which are substantially different from that proposed in the subdivision.

Section 6.06 Drainage

6.06.01 A drainage management system shall be designed and constructed by the subdivider to provide for the

proper drainage of surface water within the subdivision.

1. Preliminary Plat Report shall include:

a). Preliminary estimates of the quantity of storm water entering the subdivision both naturally and

once there has been full development of lots within the subdivision.

b). An analysis of existing conditions of the watershed that may affect the proposed subdivision, such

as soil type, drainage channels, and obstructions to water flow.

c). A preliminary grading plan illustrating the proposed drainage management system.

2. Final Plat Drainage Report shall contain:

a). Calculations of the quantity of storm water entering the subdivision naturally and estimates of the

quantity of storm water entering the subdivision once there has been full development of the lots

within the subdivision based on the proposed zoning.

b). Quantities of flow at each pick-up point.

c). Estimates and type of temporary erosion control measures necessary to control erosion during

construction.

d). A description of an adequate drainage management system within the subdivision and its design

capacities based on a 10-year storm.

e). An evaluation of the ability of the proposed water courses, drainage tiles, storm sewers, culverts

and other improvements pertaining to drainage or flood control within the subdivision to handle

the run-off which would be generated by the development of the land within and above the

subdivision and the impacts of such drainage on downstream drainage systems.

6.06.02 Drainage Requirements. The drainage management system designed by the subdivider shall include

culverts and storm sewers whenever necessary or required by the City Engineer. Where storm sewers are

not required, all open ditches shall be graded and all pipes, culverts, intersection drains, drop inlets,

bridges, headwalls, gutters and similar or related installations necessary to provide adequate surface


water drainage shall be constructed and installed in accordance with plans approved by the City

Engineer.

6.06.03 Drainage System Standards.

1. All streets shall be provided with an adequate storm drainage system of curbs, gutters and storm

sewers or open ditches.

2. Curb drainage inlets shall be provided at appropriate intervals along streets having curbs and gutters.

Where inlets connect to storm sewers, a drain inlet structure and a protective grating shall be installed.

3. Where storm water flows across the intersections of streets having curbs and gutters, concrete cross

gutters shall be installed at such intersections.

4. All off-street drainage swales and ditches shall be protected by drainage easements noted on the

Preliminary and Final Plats. Where water courses would cross lots diagonally, the subdivider shall

straighten such course and shall substantially follow lot lines.

6.06.04 Storm Drain Responsibility. The City of Cozad will review all storm drain design criteria. In addition, the City

of Cozad may participate in the costs associated with providing adequate storm drainage.

Section 6.07 Sanitary Sewers.

A sanitary sewer system shall be designed and constructed by the subdivider for all lots in the proposed

subdivision. The following requirements shall apply:

6.07.01 Within the corporate limits, a sanitary sewer collection system including all pipes and manholes shall be

provided and said collection system shall be connected to the public sewage system in accordance with

plans acceptable to the Planning Commission and City Council.

6.07.02 Within the jurisdictional areas of the City but outside the corporate limits, if a proposed subdivision is so

located with regard to adequate public sewer, either existing or to be existing within one year from the

date of application for final plat approval, or that said sewer is located within 500 feet of the proposed

subdivision or can be reached if the cost of installing lateral and connecting sewers from all lots shown

upon said plat, exclusive of connections from individual structures; is equal to or less than 150 percent of

the cost of installing a private sewage collection and disposal system for all lots, then adequate lateral

and connecting sewers to said public sewer system shall be constructed.

6.07.03 If the subdivision is not located relative to a public sewer system, a private collection and treatment

system acceptable to the City Council and appropriate to the Nebraska Department of Health and

Human Services and the Nebraska Department of Environmental Quality (or successor agencies) may be

used. However, the City may require the developer to provide a plan for future expansion of utilities

including permanent easements. If on-site disposal is proposed, the subdivider shall document

acceptable percolation rates on each lot and such lots shall be adequately sized to allow for the

installation and safe operation of such systems in conjunction with any proposed water supply or well

location.

6.07.04 Standards. When applicable, improvement plans for a permanent sewage system shall be provided

showing pipe sizes, gradients, type of pipe, invert and finished grade elevations, location and type of

manholes, treatment facilities, if applicable, and the location, type and size of all lift or pumping stations.

Design Standards of said system shall be subject to the approval of the City in accordance with the

following standards:

1. At least 8-inch sewer lines will be installed.

2. At least 4-inch service connections from the sewer line to the property line of each lot will be installed

with the location marked.

3. Manholes will be provided at all interceptor and lateral junctions, at the end of each line, and at all

changes in direction, grade, and size.

Design standard of said system shall be in general compliance with the requirements of the Nebraska

Department of Environmental Quality (or successor agencies).


Section 6.08 Water Mains.

A water distribution system shall be designed and constructed by the subdivider to provide adequate water

service to all lots in the proposed subdivision. The following requirements shall apply:

6.08.01 Type of Improvement. Within the corporate limits, a water distribution system including all pipes, fire

hydrants, valves and other appurtenances shall be provided and said distribution system shall be

connected to the public water system in accordance with plans acceptable to the Planning Commission

and City Council.

Within the jurisdictional area of the City but outside the corporate limits, if a proposed subdivision is so

located with regard to an adequate public water supply line, either existing or proposed within one year

from the date of application for Final Plat approval or that said water line is located within 500 feet of the

proposed subdivision or can be reached if the cost of connecting to said water line and installing an

adequate distribution system to all lots shown upon said plat, exclusive of connections from individual

structures, is equal to or less than 150 percent of the cost of installing an individual water system for all lots,

then adequate connecting lines to said public water system shall be constructed.

If the subdivision is not so located relative to a public water line, the City may authorize a community well

system. In addition, the City may require a plan for future extension of such utilities, including permanent

easements, for utilities throughout the proposed subdivision.

6.08.02 Standards. When applicable, improvement plans for a permanent water system shall be provided

showing pipe sizes, type of pipe, locations of fire hydrants and valves and, if applicable supply facilities,

booster pumps, elevated or ground level storage tanks and other appurtenances.

Design Standards of said system shall be subject to the approval of the City in accordance with the

following standards:

1. The minimum main or pipe size shall be determined by the type of uses to be served and the provision

of adequate fire flow capacities. Generally, water lines shall be a minimum of 6-inches in diameter.

2. All hydrants will be located at a maximum of 300-foot intervals, unless otherwise authorized by the

City. The layout and flow design must meet the minimum requirements as set forth by the City.

3. Gate valves on cross-connecting water lines shall be so located that no single break in the distribution

system shall require more than 300 feet to be out of service in Commercial and Industrial districts or

800 feet in other districts.

Valves or cross-connecting mains shall be so located that a break in the secondary distribution system will

not necessitate shutting down major distribution lines

Design standards of the water distribution system shall be in compliance with the requirements of the

Nebraska Department of Health and Human Services (or successor agencies).

Section 6.09 Cost of Over-size Improvements.

Minimum street pavement widths for streets shall conform to the standards established in Section 5.25 of this

Ordinance. Minimum utility sizes shall be determined by the standards of the City with regard to providing service

to the subdivision in question.

Where pavement widths or larger pipe or main sizes are deemed necessary by the Planning Commission and

City Council, the City may choose to bear the extra cost of providing such greater width or larger pipe or main

sizes. The subdivider shall be required to pay for that part of the construction costs for the Arterial streets, trunk

sewers, or water mains which are serving the proposed subdivision as determined by the Planning Commission

and City Council. The City shall pay the remainder of the costs.

Section 6.10 Extension to Boundaries.

The subdivider may be required to extend all necessary improvements to the boundaries of the proposed

subdivision at his/her expense to allow for services to future anticipated developments on the adjoining lands, as

determined by the Planning Commission and City Council.


Section 6.11 Off-site Extensions.

If streets or utilities are not available at the boundary of the proposed subdivision or within the distances or costs

established in this Article and the Planning Commission determines that extensions across undeveloped areas

are not warranted, the subdivider, if he/she wishes to proceed with the development, shall pay the cost of such

off-site improvements and provide for appropriate off-site easements prior to the approval of the Final Plat. Such

improvements shall be available for connections by subdividers of adjoining lands subject to City approval.

Section 6.12 Land Preparation.

Any cut, fill and compaction of land within, and if applicable, adjacent to the subdivision, shall be accomplished

in accordance with design standards of the City or as approved by the City Engineer. To control erosion and

sedimentation during and after land preparation, the subdivider, any successors and assigns shall provide for

disturbing only the areas needed for construction; removing only those trees, shrubs and grasses that must be

removed by construction; installing required sediment basins and diversion dikes before disturbing the land that

drains into them; and temporary stabilizing each segment of graded or otherwise disturbed land by seeding and

mulching or by other approved methods.

As land preparation is completed, the subdivider, any successors and assigns shall permanently stabile each

segment with perennial vegetation and structural measures. Diversion dikes and sediment basins shall be leveled

after areas that drain into them are stabilized, and permanent vegetation shall be established on those areas.

Sediment basins that are to retained for storm water detention shall be seeded to permanent vegetation no later

than nine months after completion of the sediment basins and shall be permanently maintained by the subdivider

or any successors and assigns.


ARTICLE 7: DEDICATIONS AND RESERVATIONS ON PUBLIC LAND

Section 7.01 Dedication

As a condition of Final Plat approval, the subdivider shall dedicate to the public all streets and alleys as may be

required by the Planning Commission and City Council. If such streets and alleys are not to be dedicated and

are to be developed as private streets, the subdivider shall make adequate provision for an owner's association

with direct responsibility to and control by the property owners of the subdivision, to provide for the maintenance

of all such private streets and alleys and the removal of debris and snow therefrom so as to maintain adequate

access at all times for fire, police, sanitation, utility and emergency vehicles. Legal assurances shall be provided

which show that the association is self-perpetuating and has the authority to collect assessments from owners of

property within the subdivision to accomplish these and other related purposes.

Such provisions shall also provide for agreement of the property owners that if the City is requested or required

to perform any maintenance or snow removal from such streets in order to maintain adequate access, said

owners shall pay the costs thereof to the City and that if not paid, the same shall become a lien upon the

properties until such costs are paid in full.


ARTICLE 8: WAIVERS AND ANNEXATIONS

Section 8.01 Granting of Waivers (Exceptions) and Conditions

In addition to the exceptions contained in this Ordinance, the Planning Commission may recommend and the

City Council may grant waivers from the provisions of these regulations, but only after determining that:

1. There are unique circumstances or conditions affecting the property that are not the result of actions by

the subdivider.

2. The waivers are necessary for the reasonable and acceptable development of the property in question.

3. The granting of the waivers will not be detrimental to the public or injurious to adjacent and nearby

properties.

Section 8.02 Subdivision; Annexation of Adjoining or Contiguous Properties

All subdivisions or additions laid out adjoining or contiguous to the corporate limits of Cozad may be included

within the same and become a part of the City of Cozad upon approval of and acceptance by Ordinance.

Such annexation shall only occur after the City Council has voted to approve said inclusion by a separate vote

from that approving the Final Plat. Further, such annexation shall occur prior to approval of the Final Plat for the

subdivision.

When the intent of the Planning Commission and City Council is to annex said subdivision or addition upon

approval of the Final Plat; the following procedures shall be taken:

1. Notice of the time and place of separate public hearings for the Planning Commission to recommend and

the City Council to approve the annexation shall be provided pursuant to Neb. Rev. Stat. §19-904 (R.R.S.1997).

2. The Public Hearings listed above shall be held separate from the public hearings held to recommend and

approve the Final Plat of the subdivisions or additions.


Any provision of these Regulations from time to time may be amended, supplemented, changed, modified or

repealed by the City Council according to law; provided, however, that such amendments, supplements,

changes, modifications or repealed provisions shall not become effective until after public hearing and report

by the Planning Commission.


ARTICLE 9: ADMINSTRATION AND ENFORCEMENT


9.01.01 It shall be the duty of the Zoning Administrator to enforce these regulations and to bring to the attention

of the Planning Commission and City Council any violation or lack of compliance herewith.

9.01.02 No owner or agent of an owner, of any parcel of land located in a proposed subdivision shall transfer or

sell any parcel before a Final Plat of such subdivision has been approved by the Planning Commission

and City Council in accordance with the provisions of these regulations, and filed for record with Dawson

County Register of Deeds.

9.01.03 The subdivision or replat of any lot or any parcel by the use of metes and bounds description for the

purpose of sale, transfer or lease which would evade these regulations shall not be permitted. All such

subdivisions shall be subject to all the requirements contained in these regulations.

9.01.04 No zoning permit shall be issued for the construction of any building or structure located on a lot or parcel

subdivided, sold, transferred or leased in violation of the provisions of these regulations.


Any provision of this Ordinance may be amended, supplemented, changed, modified, or repealed from time to

time by the City Council according to law, provided however, that such amendments, supplements, changes,

modification or repealed provisions shall not become effective until after the study, written report and

recommendation by the Planning Commission to the City Council.

Section 9.03 Violation and Penalties

Any person, firm or corporation who fails to comply with the provisions of these regulations shall, upon conviction

thereof, be guilty of a misdemeanor. Such conviction shall carry a fine of up to 100 dollars plus the cost of

prosecution for each violation. The non-payment of such fine and costs shall subject the guilty party to

imprisonment in the county jail for a period of time not to exceed the lesser of 1) 30 days, or 2) the time necessary

to pay such fine and costs in full. Each day a violation exists or continues shall constitute a separate offense.


ARTICLE10: CERTIFICATION AND DEDICATION STATEMENTS

Section 10.01 Notary Public Acknowledgment

STATE OF NEBRASKA )

) ss

COUNTY OF DAWSON )

The forgoing instrument was acknowledged before me this _____ day, of ______________ 20_____, by

___________________________________, who personally appeared before me and whose name is affixed to this

plat and who acknowledge the execution thereof to be his/her voluntary act and deed.

WITNESS my hand and Notarial Seal the day and year last above mentioned.

____________________________________ (SEAL)

Notary Public

My Commission Expires: ______________

Section 10.02 Surveyor’s Certification

SURVEYORS CERTIFICATION:

I hereby certify that I am a professional land surveyor, registered in compliance with the laws of the State of

Nebraska, and that this plat correctly represents a survey conducted by me or under my direct supervision on

the _____ day of ______________, 20_____, that any changes from the description appearing in the last record

transfer of the land contained in the Final Plat are so indicated, that all monuments shown thereon actually

exist as described or will be installed and their position is correctly shown and that all dimensional and geodetic

data is correct.

____________________________________ ____________________________________

Surveyor, RLS # Date

(SEAL)

Section 10.03 Approval of Cozad Planning Commission

APPROVAL OF THE PLANNING COMMISSION OF COZAD, NEBRASKA

This plat of __________________________________________________________________________________ was approved

by the Cozad Planning Commission on this _____ day of ______________, 20_____.

____________________________________

Chairperson, Cozad Planning Commission


Section 10.04 Acceptance by Cozad City Council

ACCEPTANCE BY THE CITY COUNCIL OF COZAD, NEBRASKA

This plat of __________________________________________________________________________________ was approved

by the City Council of the City of Cozad, Nebraska on this _____ day of ______________, 20_____, in accordance

with the State Statutes of Nebraska.

____________________________________

(City of Cozad SEAL)

Mayor

ATTEST:

____________________________________

City Clerk

Section 10.05 Acceptance by Dawson County Register of Deeds

ACCEPTANCE BY DAWSON COUNTY REGISTER OF DEEDS

This plat of __________________________________________________________________________________ was recorded

on this _____ day of ______________, 20_____, at book # ________, page # ________.

____________________________________

Dawson County Register of Deeds (SEAL)

Section 10.06 Review of Dawson County Surveyor

REVIEW OF DAWSON COUNTY SURVEYOR

This plat of __________________________________________________________________________________ was reviewed

by the office of Dawson County Surveyor on this _____ day of ______________, 20_____.

____________________________________

Dawson County Surveyor (SEAL)

Section 10.07 Dawson County Treasurer’s Certifications

DAWSON COUNTY TREASURER’S CERTIFICATIONS

This is to certify that I find no regular or special taxes due or delinquent against the property described in the

Surveyor’s Certificate and embraced in this plat as shown by the records of this office.

____________________________________ ____________________________________

Dawson County Treasurer Date

(SEAL)


Section 10.08 Administrative Plat Approval

APPROVAL OF ADMINISTRATIVE PLAT

This Administrative Plat was approved by the City of Cozad on this _____ day of ______________, 20_____.

____________________________________ ____________________________________

City Clerk Mayor

____________________________________

Zoning Administrator

(City of Cozad SEAL)

Section 10.09 Owners Certification

OWNERS CERTIFICATION

I/we, the undersigned owner(s) of the real estate shown and described herein, do hereby certify that I/we

have laid out, platted and subdivided, and do hereby lay out, plat and subdivide, said real estate in

accordance with this plat.

This subdivision shall be known and designated as ______________________________________________________ , an

addition to the City of Cozad, Nebraska (delete previous phrase if the subdivision is located outside of the

corporate limits and will not be annexed to the City). All streets and alleys shown and not heretofore

dedicated are hereby dedicated to the public unless specifically noted herein. Other public lands shown and

not heretofore dedicated are hereby reserved for public use.

Clear title to the land contained in this plat is guaranteed. Any encumbrances or special assessments are

explained as follows: __________________________________________________________________________________.

There are strips of ground shown on this plat and marked easement, reserved for the use of public utilities and

subject to the paramount right of a public utility or the City to install, repair, replace and maintain its

installations.

(Additional covenants or restrictions and enforcement provisions therein may be inserted here or attached to

the plat).

____________________________________ ____________________________________

Signature of Owner Signature of Owner

____________________________________ ____________________________________

Printed name Printed name

____________________________________ ____________________________________

Date Date


ARTICLE 11: LEGAL STATUS PROVISIONS

Section 11.01 Separability

Should any article, section or provision of this Ordinance be declared by the courts to be unconstitutional or

invalid, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof other than

the part so declared to be unconstitutional or invalid.

Section 11.02 Purpose of Catch Heads

The catch heads appearing in connection with the foregoing sections are inserted simply for convenience, to

serve the purpose of any index and they shall be wholly disregarded by any person, officer, court or other

tribunal in construing the terms and provisions of this Ordinance.

Section 11.03 Repeal of Conflicting Ordinances

All ordinances or parts of ordinances in conflict with this Ordinance, or inconsistent with the provisions of this

Ordinance, are hereby repealed to the extent necessary to give this Ordinance full force and effect.

Section 11.04 Effective Date

This Ordinance shall take effect and be in force from and after its passage and publication according to law.

ADOPTED AND APPROVED by the Governing Body of Cozad, Nebraska,

This ________ day of ______, 2016.

(Seal)

ATTEST: __________________________________ _________________________________

City Clerk Mayor

Documents

CITY OF COZAD€¦ · COZAD, NEBRASKA SUBDIVISION ORDINANCE 2016 2 Section 1.04 Definitions For the purpose of these regulations, certain words used herein are defined as follows: